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Employment

Three’s company: Psychological injury, workplace compensation and unfair dismissal

Unfair dismissal claims often centre on the harsh, unjust or unreasonable nature of a dismissal relating to an employee’s conduct or performance at work. It is less common that claims of unfair dismissal arise due to an absence from work, where an em...

Published by McCabes News
6 May, 2019
Litigation and Dispute Resolution

Make good obligations in leases: do they apply if the premises will be demolished?

Could a tenant avoid or resist their make good obligations on the basis that the make good obligations (or payment in lieu) would be of no value and give the landlord an unfair windfall?   In commercial leases, often the most contentious terms...

Published by McCabes News
17 April, 2019
Litigation and Dispute Resolution

Misleading promises about the future: the shifting sands of the onus of proof

Most Australians are broadly familiar with the Australian Consumer Law (ACL), which is a statutory regime that creates rights and obligations for trade and commerce throughout Australia. One of the most famous products of the ACL is ...

Published by Andrew Lacey
17 April, 2019
Insolvency

Foreign company, unregistered and without an office in Australia, held to be amenable to a winding up order

In the recent decision of In the matter of TCL Airconditioner (Zhongshan) Co Ltd (No 2) [2019] FCA 257 the Federal Court held that a Chinese company was amenable to the Australian jurisdiction and thus could validly be served with a statutor...

Published by Foez Dewan
17 April, 2019
Published by McCabes News
29 March, 2019
Employment

ASIC details regulation of liquidators in newly released report

ASIC is tasked with registering and supervising liquidators who accept formal appointments as external administrators of companies in Australia, to ensure compliance with the law as well as with generally accepted professional standards, practices an...

Published by Andrew Lacey
25 March, 2019
Insolvency

Authorised to lodge a caveat? Think again!

The ability to lodge a caveat is a valuable form of security for a lender to possess to protect their interests. However, what is often overlooked is that in order to lodge an effective caveat, a party must have a ‘caveatable interest’.   In

Published by Andrew Lacey
25 March, 2019
COVID-19

Dynamics at Work – Autumn 2019 edition

Welcome to the Autumn edition of Dynamics at Work – our first newsletter for 2019. Happy International Women’s Day for Friday, 8 March! With this year’s theme for #IWD2019 being #BalanceforBetter, it’s a great time for us all to reflect on what that...

Published by McCabes News
12 March, 2019
Employment

ASIC fails in bid to have deregistered company re-instated

The extent of ASIC’s power to reinstate a company, as well as what is meant by an ‘person aggrieved’ for the purposes of s 601AH of the Corporations Act, were recently clarified by Reeves J in the Federal Court case of ASIC v CFS Private...

Published by Andrew Lacey
12 March, 2019
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